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中国国家产权局
 
Application of Patent
1. Documents required for patent for invention

A form of request,
A description,
Claims,
Drawings(or photographs),
An abstract,
A letter of assignment (if there is),
Deposition certificate for micro-organisms (if there are), certified priority documents(or PCT documents,if priority right is claimed).

Under the Patent Law of the PRC, if a patent agent is entrusted to handle the concerned patent application matters, a Power of Attorney (or General Power of Attorney) signed by the applicant is to be submitted together with the application (or within three months from the date of filing ).

While entrusting a patent agency for application, an order letter to the agent is needed including such information as: the name and address of the applicant and the inventor (if the applicant or inventor belongs to the country or region where Chinese characters are used, or his/her/its name in Chinese has been widely used in the mainland China, Hong Kong , Macao, Taiwan or other countries or regions where Chinese language is used, his/her/its name and address in both Japanese and English, or Korean and English, or Chinese and English shall be provided).

If right of priority is claimed, such information shall also include the date and number of priority and the name of the country in which the application has been first filed;

2. Documents requried for patent for utility model

The documents required for application for patent for utility model are similar to those required for patent for invention except the deposition certificate for micro-organisms, i.e. a form of request, a description, claims, drawings(or photographs), the abstract, a certificate of assignment(if there is) and certified documents for priority (or PCT documents, if priority right is claimed).

A power of attorney and an order letter are required from the applicant in case that a patent agent is entrusted for the application.

3. Documents required for patent for design

The documents required for a patent for design are similar to those required for patent application for utility model except the description and claims, i.e. a form of request, two sets of drawings(either photographs or drawings), a brief description (if there is), assignments (if there are), and certified documents for right of priority (if priority right is claimed).

In addition, the required drawings should include drawings from the front, from the rear, from the above, from the below, from the left and from the right respectively. A 3-D drawing is preferably required. The dimension of the drawing is at its maximum (15x22cm) and minimum(3x8cm).

A power of attorney and an order letter are required from the applicant in case that a patent agent is entrusted for the application.

4. Time estimate for patent application in China

The time needed for the application for patent for invention ranges from 3 to 4 years from date of filing to the date when the right granted (provided the request for substantive examination is submitted simultaneously) and that for the application for utility model is estimated from 1 to 2 years as there is no substantive examination required. The time duration for patent for design is even less than that for utility model.

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